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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Family Law
Satisfied Customers: 71032
Experience:  Over 5 years in practice
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My 13 year old son was fooling around with a ball and for

Customer Question

My 13 year old son was fooling around with a ball and for some reason, he poked a 13 year old girls boob and said nice tits, the family of the girl have made a complaint to the police and they want to interview my son on Thursday under caution, my son has add and aspergers. Would it be better for my son to respond with no comment or explain what happened?
Submitted: 1 year ago.
Category: Family Law
Expert:  Jo C. replied 1 year ago.

Will he accept a caution?

Customer: replied 1 year ago.
Is that what will happen? Is he best to explain or just no comment?
Expert:  Jo C. replied 1 year ago.

It depends.

Will she give evidence?

Did anybody else see it?

Customer: replied 1 year ago.
She's given a statement, there were 3 other girls present
Expert:  Jo C. replied 1 year ago.

Ok. Then probably they will be able to prove it.

No comment interviews are usually the right thing to do if there is no defence available.

However, here they might offer a caution. They would not normally for a sexual offence but he is a young child and so they might consider it appropriate.

Expert:  Jo C. replied 1 year ago.

There is no way of predicting that in advance. His solicitor will have to negotiate with the police at the station.

They are not going to be keen to prosecute this.

Expert:  Jo C. replied 1 year ago.

I wouldn't say anything about ADHD or aspergers. Generally police officers will think that is a load of nonsense and will perceive it as an excuse. Not all officers obviously but quite a sizeable majority consider things like that to be an excuse. Also, in fairness, there are people who do use disability as an excuse.

Expert:  Jo C. replied 1 year ago.

Overall though I would try to secure a caution.

Can I clarify anything for you?